Davenpoet v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. At tbe time of tbe depredation hereafter found, tbe decedent, William W. Brady, deceased, was a citizen of tbe United States, residing in Wise County, Texas. Tbe depredation was committed without his consent and without cause or provocation on bis part or that of any agent of bis. Tbe property has never been returned or paid for. II.
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On the Proofs. The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. At tbe time of tbe depredation hereafter found, tbe decedent, William W. Brady, deceased, was a citizen of tbe United States, residing in Wise County, Texas. Tbe depredation was committed without his consent and without cause or provocation on bis part or that of any agent of bis. Tbe property has never been returned or paid for. II. At tbe time of tbe depredation tbe defendant Indians were in amity with tbe United States. III. In July, 1867, a party of Indians, belonging to…
1Opinion of the CourtNott, J.
In tlie recent case of Duran (ante p. 353), it was held that the proper Indian defendant might be brought in after the jurisdictional period had expired for bringing actions under the Indian depredation act 1891. The present case presents the converse of the question there considered; it is whether a change and substitution can be made in the party plaintiff.
The facts which present this question are these: The children of a deceased owner of property taken by Indians instituted the suit within due time. After they had brought their action and within the jurisdictional period for bringing…
2Cases cited2 opinions
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879
- Pelfrey v. Adjutant GeneralWest Virginia Court of Claims · 1950
3Cited by2 opinions
- Askins v. United StatesUnited States Court of Claims · 1915
- Tryon v. United StatesUnited States Court of Claims · 1897